Interim-Injunction Appeal Held Not Maintainable Before High Court; Matter Transferred to District Court

The appellants filed an appeal under Order XLIII Rule 1(r) CPC against the order dated 26 October 2024 by which the II Additional Senior Civil Judge and JMFC, Davanagere, allowed the respondents’ application for temporary injunction under Order XXXIX Rules 1 and 2 read with Section 151 CPC

The High Court considered whether it could entertain the appeal in light of Section 19(1) of the Karnataka Civil Courts Act, 1964

1. Whether the High Court could entertain the appeal against the order allowing the temporary-injunction application, having regard to Section 19(1) of the Karnataka Civil Courts Act, 1964.

2. Whether the appeal and any pending applications should be transferred to the competent District Appellate Court for adjudication.

The Court applied Section 19(1) of the Karnataka Civil Courts Act, 1964, and relied on the Division Bench decision in Smt. Narayanamma v. State of Karnataka, W.P. No. 17588 of 2024 c/w W.A. No. 200260 of 2025, dated 8 July 2026, which it noted had been affirmed by the Supreme Court in SLP(C) No. 025075/2026 on 3 August 2026

On that basis, the Court held that this appeal was not maintainable before it and directed its transfer to the competent appellate court

Applying Section 19(1) and the cited precedent, the High Court concluded that it lacked jurisdiction to adjudicate the appeal.

It therefore directed transfer of the record, and any pending applications, to the Principal District and Sessions Judge for assignment to the appellate court with jurisdiction.

The Court expressly left the merits and the parties’ contentions open

The Registry was directed to transfer the entire record, including any pending applications, to the Principal District and Sessions Judge for assignment to the competent appellate court

The parties were directed to appear before the District Judge on 12 November 2026, and all rights and contentions were left open